|
KMID : 1011120200130030061
|
|
Bioethics Policy Studies
2020 Volume.13 No. 3 p.61 ~ p.79
|
|
|
Solid Organ Transplantation between Family Members and Protection for Living Minor Donors
|
|
Do Kyung-Yeon
|
|
|
Abstract
|
|
|
|
Currently, 「Internal Organs, Etc. Transplant Act」 allows the extraction of organs for minors aged 16 or older if the minor donors and their parents receive consent. Except for the consent of living minor donors and their parents, however, there is a lack of strong legal and policy action plan for protect the minors. Since most of the recipients of organ transplant are their parents who are legal representatives of living minor donors, it is impossible to confirm whether the informed consent of minor donors is entirely voluntary and sufficient. Thus, the author of this paper first pointed out that it is not enough for the state to judge the decision-making ability of minors uniformly by specifying a specific age without sufficient reasons to protect the minors. Next, it was argued that living organ donation by direct descendants including minor donors cannot be a fundamental solution to the problem of organ shortage. Finally, it was argued that informed consent is virtually unable to living minor donors before the donation decision stage. Therefore, the following alternatives for protection were proposed: First, in principle, living minors’ donation should be disallowed. Second, when considering the practical aspects, allowing organ transplants from minors should be a special and exceptional situation. Third, it must be verified by objective or formal procedures whether the minor has voluntarily agreed based on informed consent. Through this, it was intended to help determine what should be considered in the future to ensure in terms of legal and policy so that not only beneficiaries of organ transplantation but also donors can be protected by strong laws without being vulnerable.
|
|
|
KEYWORD
|
|
|
protection for minors, prevention of child abuse, 「Internal Organs, Etc. Transplant Act」, organ donors, independent donor advocate, informed consent, conflict of interest
|
|
|
FullTexts / Linksout information
|
|
|
|
|
|
Listed journal information
|
|
|
|
|